Here in Texas it's perfectly legal to draw on that guy.
As far as I'm concerned a guy on top of a woman is attempting rape as far as I can tell. You can kill someone in texas in order to defend yourself or a third person from a rape.
otoh, I'm not sure I'm ready to shoot someone who's apparently empty handed. Based on prior experience,I'd probably have attempted to make him stop without drawing my weapon. Only difference between now and back then is I have a cell phone and would 911 it prior to trying to intervene.
Just wanted to make sure I was right. I rechecked the statutes. That good samaritan would be perfectly justified in using deadly force to prevent sexual assault. In fact in Texas you can shoot someone to protect property.
Moreover, you can draw your gun without it actually being considered deadly force. http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf 9.04 under threats as justifiable force. Although it's not clear from the way the statute's worded what to do if they call your bluff...
I always carry a cellphone (safety off)...JIC something like this ever happens...
I'm not the guy who will ever turn his back to a situation like the one described...especially if there's a child involved... I'm gonna 'get involved', armed or not, although I am usually always armed...
If you ever pull, or even show that you have one, be ready for what's going to happen next. If you let the 'bg' walk away, you might at least expect that he may be going to retrieve his, from under a car seat or something, then you're in a gunfight, like it or not.
In such a situation, keep the man 'covered', and make that 911 call post haste...letting the bg know that LE is on the way, and there's no way they are going to leave the scene walking or otherwise, until the law says so.
If you let your bg exit the scene, and they make the 911, you will be the one answering a lot of questions as to why you threatened or intimidated using a firearm.
In a similar situation, I would make the 911, BEFORE I challenged the bg...If at all possible.
flc
I think the guy did a great deed. I am sorry he relaxed too soon and took one in the leg. One point to ponder, I would be very uncomfortable coming up on a situation like that and engaging someone. I don't truly know what is going on. What if the supposed bad guy is an undercover cop and the woman was selling drugs, and pulled a knife on him when he approached her. Unlikely, of course, but again I did not know what is really going on. Just something to think about. I like the idea of calling 911 and then yelling at the guy. I would rather yell at a cop than shot one. Of course when yelling I would be prepared to draw the Ruger should BG threaten my life.
David
The only person available to protect you 24 hours a day is you.
What if the supposed bad guy is an undercover cop and the woman was selling drugs, and pulled a knife on him when he approached her. Unlikely, of course, but again I did not know what is really going on. Just something to think about. I like the idea of calling 911 and then yelling at the guy.
What would any REASONABLE person do given these same circumstances?...that's the question that your friendly local prosecutor is going to use to decide if you violated any laws or not.
IF the bg turns out to be a LEO, then he/she has plenty of time to so announce, and eventually show ID... LEO's aren't going to be beating the snot out of someone in the normal course of an arrest....Well...maybe sometimes...but not usually.
Common sense Doc, says that if you were to happen on what LOOKS like a crime in progress, that it probably is....and if you do act on it, then just be totally ready for what could happen when you do.
The man in St Pete's only major mistake, was in letting the bg walk away after having made the challenge.... You've seen a possible life threatening crime in progress, and if he doesn't want to cooperate, then do whatever you feel is right to stop any further threat. And CALL for LE imediately.
flc
Cell phone... take a picture, call the cops, etc... If the situation looks life-threatening for the person being assaulted, stop the attack. In this case, it is obvious that the good Samaritan's decision to draw (threaten deadly-force) directly resulted in the perp 'one-upping' him. That, combined with the lack of situational awareness of the good Samaritan assuming that the mere presence of his gun made them safe... reality check!
If you draw, only do so with the intention to use it, not threaten with it. Someone might call your bluff, and there you will be... in the hospital (if you're lucky).
He should've "pooled ze treeger oonteel eet goes cleeeck"
Victory rewards not the army that fires the most rounds, but who is the more accurate shot. ---Unknown
We can( what if ) this to death. Yes we should help,remembering domestic violance has no rational thought involed. You might have to shot,be ready,and after you do she will attack you .
Originally Posted by kwo51
This is true.
I once sat on a jury where 2 brothers were fighting and one pulled a gun and shot at the floor and the bullet bounced and hit a third party in the arm.
Long - short
The police came and tried to separate the two men, where as they both turned on the police and ended up being charged with assaulting an officer.
You never know.
1 Timothy 5:8
"But if any aprovide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel."
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